DOT Drug Testing

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Do any of your employees require a Commercial Drivers License (CDL) to operate company vehicles? Generally, all CDL drivers who operate commercial motor vehicles (CMV) subject to the CDL requirements on public roads in the U.S. are performing safety-sensitive functions and are subject to DOT drug and alcohol testing (§382.103). This includes all full-time, part-time, intermittent, backup and international drivers. Also included are certain safety-sensitive jobs defined in FAA, FRA, and other government agency regulations. Midway can help you comply with DOT drug testing needs at lower cost. 

• Pre-employment – An employer must receive a negative drug test result before permitting a CDL driver to operate a CMV (§382.301).
• Post-accident – Drug tests may be required after crashes according to rules contained in §382.303:
• Return-to-duty- after returning to work after violating the company's drug policy/testing positive for drugs or alcohol.
• Reasonable suspicion- a trained company official can make a determination based on specific co-existing observations regarding a person's appearance, behavior, speech, or body odor. 
• Periodic, random drug tests--An employer must randomly test on an annual basis a percentage of their CDL drivers ranging from 25-50% depending on regulating agency. For 2021, the FMCSA rate is 50% for drug tests and 10% for breath alcohol tests. 

DOT drug tests require laboratory testing for the following five classes of drugs:

• Marijuana
• Cocaine
• Opiates – opium and codeine derivatives
• Amphetamines and methamphetamines
• Phencyclidine – PCP

Industrywide statistics show about 6% positive test rates. When a person tests positive, a Medical Review Officer (MRO) contacts the person to discuss any legal prescriptions that may have caused the positive result. If the MRO determines there is a legitimate prescription, the test result is reported "negative" to the employer's designated employer representative (DER) via online reporting. Independent MRO review is required under DOT regulations. All MROs we use are AAMRO certified.